By King & Wood Mallesons

In the past 12 months, our growth in China and in other major centres around the world has allowed us to witness a substantial increase in the ease of doing business with Chinese investors. We have seen regulatory controls and red tape have reduced significantly, there has been more competition

By King & Wood Mallesons

As part of our Chinese Outbound Investment publication, we make a number of predictions on the future of China’s offshore investment. Aside from further deregulation which will substantially increase the ease of doing business, we predict the following trends.

Market and Deal Trends

  • China will become the world’s biggest cross-border

By Tim Taylor QC King & Wood Mallesons’ Dubai Office

Itaylor_tn March 2015 the Government of India issued its draft model text for the Indian Bilateral Investment Treaty (the “Draft BIT”) for public comment. Following various amendments, on 28 December 2015, the revised, and final, version of the model BIT (the “

By Tim Taylor QC  Chiz Nwokonkor  King & Wood Mallesons

Ftaylor_trom Abidjan to Tunis, arbitration centres are on the rise in Africa. This upward trend has mirrored the growth and gradual diversification of many African economies. The growth can be seen to be driven along sector lines, with the vast majority of disputes coming

By Stuart Bruce and Juliette Huard-Bourgois, King & Wood Mallesons’ London Office

Large-scale investments made in foreign jurisdictions face many risks, particularly when the investments are in countries with high levels of political and regulatory risk or developing judicial systems, as is often a concern for international investors entering certain African states. In such\ circumstances, investors are particularly concerned about the legal protections that are available to them during the life of their investments. Bilateral and multilateral investment treaties (“BITs”, “MITs”) have become the principle vehicle to overcome these challenges and mitigate the risks of government intervention.

BITs are international law instruments – treaties – agreed between two states. MITs are treaties agreed between more than two states. The purpose of BITs and MITs is to create a stable legal environment that fosters foreign direct investment. This is achieved by the “host state” (i.e. the state in which the investment is made) agreeing to provide certain guarantees and standards of protection to the investments of private foreign investors (i.e. those with the nationality of, or incorporation in, the “home state”). The investor is also provided with the opportunity to enforce its rights under the investment treaty against the host state through independent international investment arbitration. This is the major innovation of investment treaties, as traditionally it was only states that had standing to bring claims against one another.
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By Paul Schroder  King and Wood Mallesons’ Sydney office 

On November 17, 2014 China signed a declaration of intent with Australia concluding the first stage of bilateral negotiations on a free trade agreement (ChAFTA). Australia will reduce the tariffs on all Chinese products to zero eventually and China will reduce the tariffs on most of Australian products to zero. In the services sector, both sides promised to open their markets to each other’s service providers in a meaningful way. In the investment field, although the details have not yet been released, MOFCOM announced that both sides have agreed to grant each other “most favored nation status”.

They also agreed to significantly reduce the review thresholds for corporate investment, to increase market access opportunities, and improve the predictability and transparency for investment. The agreement will cover more than 10 areas, including trade in goods and services, investment and trade rules. It will also cover subjects such as e-commerce and government procurement. According to MOFCOM

“The China-Australia FTA negotiations have realized the goal of comprehensiveness, high quality and balance of interests. The signing of the agreement will allow the two countries to fully utilize their respective economic advantages, boost win-win cooperation, bring mutual benefits and promote the in-depth development of bilateral economic and trade ties.”
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